§ 3338. Official New York state prescription forms. 1. Official New
York state prescription forms shall be prepared and issued by the
department in the manner and detail as the commissioner in consultation
with the commissioner of education may, by regulation, require, and,
each form shall be serialized. Such forms shall be furnished to
practitioners authorized to write such prescriptions and to
institutional dispensers. Such prescription blanks shall not be
transferable.

2. Except as expressly authorized by section thirty-three hundred
thirty-four or thirty-three hundred thirty-seven of this article,
controlled substances may be prescribed or dispensed only upon an
official New York state prescription or, pursuant to regulations, an
electronic prescription or out-of-state prescription.

3. The commissioner in consultation with the commissioner of education
is hereby authorized and empowered to make rules and regulations, not
inconsistent with this article, with respect to the retention or filing
of such official New York state prescription forms, electronic
prescriptions and out-of-state prescriptions, including information
required to be filed with the department, the maximum number of official
prescription forms which may be issued at any one time, the manner in
which such forms shall be issued, the period of time after issuance by
the department that such form shall remain valid for use, and the manner
in which practitioners associated with institutional dispensers may use
such forms, or any other matter of procedure or detail necessary to
effectuate or clarify the provisions of this section and to secure
proper and effective enforcement of the provisions of this article.

4. Upon a finding by the commissioner that a person has willfully
failed to comply with the provisions of this article, the commissioner
may revoke, cancel or withhold official New York state prescription
forms which have been issued or for which application has been made.